LAXMI STEELS Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) In this petition filed under Article 226/227 of the Constitution of India, challenge is made to orders-dated 25.2.2015 passed by the Assistant Commissioner of Commercial Tax, Audit Wing, Bhopal, in the matter of denying benefit of "input-rebate" to the petitioner for the period 1.4.2012 to 31.3.2013, in the matter of payment of entry tax/Value Added Tax under the MP Value Added Tax Act, 2002 (hereinafter referred to as "Act of 2002").

(2.) Petitioner is a proprietary concern registered under the Commercial Tax Act with TIN No.23813600936, and deals in purchase and sale of Iron, Steel and Scrap material. It is stated that petitioner had been regularly complying with the requirement of the Act of 2002; quarterly returns are being filed as and when required under the Statute.

(3.) After the first installment was deposited, lifting of material was allowed only after the second installment was paid. For each lift, a gate pass and delivery memo was issued by the Power Generating Company. Copies of which are filed as Annexure P/4. According to the petitioner, as per the cash memo, the delivery memo and the gate-pass, the material as indicated therein were sold and lifted after payment of the cost of the goods and the tax component in the Financial Year 1.4.2012 to 31.3.2013; and, in the cash memo payment of VAT is clearly specified which according to the petitioner satisfies the requirement of Section 14 of the VAT Act read with Rule 9 of the MP VAT Rules.